Legal Opinion

Nicosia v. Amazon.com, Inc.

District Court, E.D. New York

Decided June 14, 2019No. 14-CV-4513 (ILG) (LB)PublishedCited by 40 opinions

1Opinion of the Court

GLASSER, Senior United States District Judge:

On January 30, 2013 and April 19, 2013, Plaintiff Dean Nicosia went on Amazon.com and placed orders of 1 Day Diet, a product marketed as a weight-loss supplement, which contained the harmful compound sibutramine. The account from which these purchases were made was held in his wife's name and was previously *258enrolled in a program called "Amazon Mom." As described below, to enroll in Amazon Mom, a user must accept the "Amazon Prime Terms and Conditions," which incorporate an arbitration provision. Plaintiff subsequently brought a putative class…

2Cases cited62 opinions

  1. Moses H. Cone Memorial Hospital v. Mercury Construction Corp.Supreme Court of the United States · 1983
  2. Mathews v. WeberSupreme Court of the United States · 1976
  3. Chambers v. Time Warner, Inc.Court of Appeals for the Second Circuit · 2002
  4. Volt Info. Sciences, Inc. v. Bd. of Trustees of Leland Stanford Jr. U.Supreme Court of the United States · 1989
  5. MacPherson v. . Buick Motor Co.New York Court of Appeals · 1916

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3Cited by40 opinions

  1. Bissonnette v. LePage BakeriesCourt of Appeals for the Second Circuit · 2022
  2. Richard Daschbach, et al. v. Rocket Mortgage, LLCDistrict Court, D. New Hampshire · 2023
  3. ACI Payments v. ConserviceDistrict Court, D. Utah · 2022
  4. Abadi v. National Railroad Passenger CorporationDistrict Court, District of Columbia · 2024
  5. Alix Cavas v. Chewy, Inc.District Court, D. Rhode Island · 2026

35 more not listed; retrieve them via the Exa API.

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